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Westford man guilty in RMV fraud case

By Robert Mills, rmills@lowellsun.com

Updated:
10/11/2012 07:11:55 AM EDT

LOWELL -- Despite claiming in August that he would not plead guilty to wire-fraud charges connected to a scheme to defraud a Lowell landlord, Thomas H. Byrne, of Westford, did just that Wednesday in U.S. District Court.

Byrne and former state Sen. and city manager B. Joseph Tully have now both pleaded guilty to falsely telling the owner of 450 Chelmsford St., he had to give them cash so that Tully and Byrne could bribe several elected officials to keep the Registry of Motor Vehicles office in the Chelmsford Street building in 2009 and 2010.

U.S. Attorney Carmen Ortiz said in a prepared statement that no elected officials were ever bribed, and that Byrne and Tully pocketed the money themselves. The RMV office later moved to a new location on Middlesex Street.

The Sun has learned the businessman involved is Jack Paley, who owns the building at 450 Chelmsford St., where the Registry was formerly located. Paley paid Byrne and Tully about $18,000, and wore a federal wiretap to aid the federal investigation, The Sun has learned.

Byrne was indicted in August, and despite a court filing which indicated he planned to plead guilty in the case, Byrne denied having any such intention when contacted by telephone at that time, saying he didn't plan to plead guilty "because I didn't do anything."

Byrne faces up to 20 years in federal prison and a fine of up to $250,000 when he is sentenced on Jan. 15 by U.S. District Court Judge Joseph Tauro.

A letter dated Aug.

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2 and signed by Byrne was filed in court admitting he committed the crime, and set forth and agreement under which Byrne would plead guilty and pay $18,000 restitution along with Tully in order to avoid jail time and a larger fine.

It was after that letter was signed that Byrne denied his intent to plead guilty, so it was not immediately clear whether that agreement is still in effect.

Byrne could not be reached for comment Wednesday night. His former home telephone number is disconnected, and he did not return a message left on his cellular telephone. Byrne's attorney, Michael Hanley, of Quincy, likewise could not be reached.

Tully pleaded guilty to wire fraud in connection with the scheme in September 2011, and was later sentenced to two years probation and ordered to pay $18,000 in restitution.

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